SEC : SeaWorld And Former CEO To Pay More Than $5 Mln To Settle Fraud Charges

(RTTNews) - The U.S. Securities and Exchange Commission said that SeaWorld Entertainment Inc. (SEAS) and its former Chief Executive Officer have agreed to pay more than $5 million to settle fraud charges for misleading investors about the impact the documentary film Blackfish had on the company's reputation and business. SeaWorld's former vice president of communications also agreed to settle a fraud charge for his role in misleading SeaWorld's investors.

Blackfish criticized SeaWorld's treatment of its orcas (killer whales) and received significant media attention as the film became more widely distributed in the latter half of 2013. The SEC's complaint alleges that from approximately December 2013 through August 2014, SeaWorld and former CEO James Atchison made untrue and misleading statements or omissions in SEC filings, earnings releases and calls, and other statements to the press regarding Blackfish's impact on the company's reputation and business.

According to the SEC's complaint, on August 13, 2014, when SeaWorld for the first time acknowledged that its declining attendance was partially caused by negative publicity, SeaWorld's stock price fell, causing significant losses to shareholders.

The SEC's complaint, filed in federal court in New York, charges SeaWorld and Atchison with violating antifraud provisions of the federal securities laws and charges SeaWorld with reporting violations. SeaWorld and Atchison have agreed to settle the SEC's charges without admitting or denying the allegations, with SeaWorld paying a $4 million penalty and Atchison paying over $1 million in penalty and disgorgement.

SeaWorld's former vice president of communications, Frederick D. Jacobs, agreed to settle a fraud charge and to pay disgorgement and prejudgment interest of approximately $100,000. He was not assessed a penalty, reflecting his substantial assistance in the SEC's investigation. All of the settlements are subject to court approval.